Town of Stanford, NY
Dutchess County
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Table of Contents
Table of Contents
All special permit uses cited in the District Schedule of Use Regulations in Article III, § 164-8, shall be subject to review and approval by the Planning Board in accordance with the standards and procedures set forth in this Article. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of and in full conformity with plans approved and conditions imposed by the Planning Board. In accordance with the District Schedule of Use Regulations, most uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the specific conditions set forth in this Article for certain uses, applicable supplementary regulations stated in Article V of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A. 
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district.
B. 
The location, nature and height of the buildings, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
C. 
All proposed traffic accessways shall be adequate but not excessive in number; be adequate in width, grade, alignment and visibility; be sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
D. 
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles of persons connected with or visiting the use.
E. 
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with the generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
F. 
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
G. 
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties, by reason of noise, fumes, vibration or flashing lights, than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of Stanford.
H. 
The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
I. 
The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use.
J. 
The Planning Board is in a position to require additional conditions and safeguards to the special permit as may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
In addition to the general standards stated above and the site plan review considerations stated in Article VII of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below:
A. 
Accessory apartment within a single-family dwelling located on a legally-established lot of not less than 1.5 acres in area to provide the opportunity for senior citizens and other persons with special housing needs to remain in the community either in residences owned by them or as occupants of accessory apartments.
(1) 
Only one accessory apartment for a total of two dwelling units shall be permitted in the residential structure.
(2) 
The owners of the single-family dwelling unit shall occupy at least one of the dwelling units.
(3) 
The number of bedrooms in the accessory apartment shall be limited to one, and the number of residents in the apartment shall be limited to two persons.
(4) 
The accessory apartment shall occupy a maximum of 35% of the existing habitable floor space of the residential structure in which it is contained and shall provide not less than 400 nor more than 600 square feet of habitable space.
(5) 
All building code or other requirements under local law or ordinance and other applicable laws and regulations shall be complied with, and both a building permit and a certificate of occupancy shall be obtained before occupancy.
(6) 
As a general standard, no addition greater than 100 square feet in floor area beyond the present exterior walls of an existing residential structure shall be permitted to accommodate an accessory apartment. In the more restricted case of a proposed accessory apartment within an existing residential structure on a nonconforming lot, no addition to the existing residential structure shall be permitted to accommodate the accessory apartment.
(7) 
The applicant shall certify that the water supply is potable by certification through the Dutchess County Health Department and shall further certify that water-conserving fixtures have been installed for the accessory unit in accordance with Environment Conservation Law § 15-0314.
(8) 
The applicant shall certify that the sewage disposal system is adequate for the two dwelling units. Certification may be obtained by a licensed professional engineer or the Town Sanitarian.
(9) 
Any new exterior entrance created to accommodate the accessory apartment shall be located at the side or the rear of the structure. Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. In no instance shall a stairway or fire escape be located on any wall fronting on a street.
(10) 
Off-street parking satisfying the requirements of § 164-16 of this chapter shall be located on the parcel on which the accessory apartment is located. Parking, where practicable, will be located behind the dwelling units.
B. 
Accessory apartment in a detached structure existing at the time of adoption of this chapter on the premises of a single-family dwelling unit located on a legally established lot of not less than 1.5 acres in area to provide the opportunity for senior citizens and other persons with special housing needs to remain in the community either on residential premises owned by them or as occupants of accessory apartments.
(1) 
Only one accessory apartment for a total of two dwelling units shall be permitted on the residential premises.
(2) 
The owners of the residential premises shall occupy at least one of the dwelling units.
(3) 
The number of bedrooms in the accessory apartment shall be limited to one, and the number of residents in the apartment shall be limited to two persons.
(4) 
The accessory apartment shall provide not less than 400 square feet of habitable floor area.
(5) 
The accessory apartment shall occupy a maximum of 600 square feet or a maximum of 35% of the existing habitable floor space of the principal residential structure on the premises, whichever is the more restrictive.
(6) 
All Building Code or other requirements under local law or ordinance and other applicable laws and regulations shall be complied with, and a building permit and a certificate of occupancy shall be obtained before occupancy.
(7) 
No addition greater than 100 square feet in floor area beyond the present exterior walls of the existing detached structure shall be permitted to accommodate the accessory apartment.
(8) 
Water supply and sewage disposal facilities shall be provided and approved in accordance with the standards and requirements of the Dutchess County Health Department and the further requirements of Environmental Conservation Law § 15-0314 regarding the use of water-conserving fixtures.
(9) 
Off-street parking satisfying the requirement of § 164-16 of this chapter shall be located on the lot on which the accessory apartment is located. Parking, where practicable, will be located behind the dwelling units.
C. 
Animal hospital.
(1) 
Requirements shall be as follows:
(a) 
Minimum lot area: five acres.
(b) 
Minimum building setback from all property lines: 125 feet.
(c) 
Off-street parking: one parking space for each employee, plus four additional spaces.
(2) 
When facilities are provided to house animals overnight, such facilities shall be soundproofed, so that noises emitting from said facility when measured at any property line shall not exceed 60 decibels.
D. 
Bed-and-breakfast establishment.
(1) 
The bed-and-breakfast establishment shall be created as an accessory use and a home occupation, as defined in § 164-59 of this chapter, through the conversion of a portion of a residential dwelling legally existing on September 12, 1991.
(2) 
Upon conversion of a portion of its floor area to a bed-and-breakfast establishment, the residential dwelling shall retain not fewer than two bedrooms for the exclusive use of the occupants of the principal dwelling unit to which the bed-and-breakfast is subordinate.
(3) 
The bed-and-breakfast establishment shall offer not more than four rooms for rent for transient occupancy, nor shall the establishment accommodate more than eight persons on any occasion.
(4) 
The owner-operator of the establishment shall be a principal owner-occupant of the single-family residential dwelling in which the guest rooms are located.
(5) 
The applicant shall certify that the water supply is adequate and potable by certification through the Dutchess County Department of Health guidelines. Certification to the Town shall be through either the Dutchess County Department of Health or a licensed professional engineer retained by the applicant.
(6) 
The applicant shall certify that the sewage disposal system is adequate to accommodate both the single-family residential use of the premises and the bed-and-breakfast establishment. Certification may be obtained by a licensed professional engineer or the Town Sanitarian.
(7) 
Off-street parking, provided in accordance with § 164-16 of this chapter, shall be located on the parcel on which the bed-and-breakfast establishment is located. Parking, where practicable, shall be located behind the residential structure.
(8) 
As in the case of permitted home occupations, a single identity sign not exceeding four square feet in total surface area shall be permitted. Unless attached to the principal structure, no such sign shall be located closer than 15 feet to the front property line or closer than 25 feet to any other property line.
(9) 
In order to effectuate the conversion of a portion of a residential dwelling to a bed-and-breakfast establishment, no addition to the structure greater than 100 square feet in gross floor shall be authorized.
E. 
Caged-type poultry house.
(1) 
Requirements shall be as follows:
(a) 
Minimum lot area: 10 acres.
(b) 
Minimum setback from all property lines: 250 feet.
(2) 
Caged-type poultry houses shall be equipped with odor suppressors of the hydraulic-pit type or an equivalent type of sufficient capacity so as not to require cleansing less than every four months.
F. 
Commercial or other industrial activity directly serving farm operations.
(1) 
Requirements shall be as follows:
(a) 
Minimum lot area: five acres.
(b) 
Off-street parking: parking or storage space for all vehicles used directly in the conduct of the business, including employee parking, plus three parking spaces for the first 1,000 square feet of floor area and one additional parking space for each additional 200 square feet of floor area.
(c) 
Minimum building setback from all property lines: 150 feet.
(2) 
No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
G. 
Convenience store.
(1) 
The maximum gross floor area shall be 2,000 square feet.
(2) 
The number of fuel dispensing nozzles is restricted to a maximum of eight.
(3) 
Those establishments which sell gasoline in combination with a quick-stop retail food outlet shall:
(a) 
Ensure that adequate parking is available on site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(b) 
Provide an enclosed trash dumpster for disposal of stock packings removed by store employees and provide trash receptacles for customer use on the premises.
(c) 
Maintain no outdoor displays of merchandise.
(d) 
Locate all vending machines within the building.
(e) 
Direct all rooftop heating/ventilation/air-conditioning or refrigeration units away from adjacent residential properties.
(f) 
Meet all applicable standards otherwise stated for gasoline stations later in this section.
H. 
Dog kennels or the harboring of more than five dogs.
(1) 
Minimum lot area: 10 acres.
(2) 
Minimum setback of kennels from all lot lines: 250 feet.
(3) 
Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. "Hours of operation" means those hours when dogs are brought to and from the establishment and when dogs are allowed out of cages.
(4) 
Buildings housing dogs after hours of operation shall be soundproofed so that noises emitted from the kennel building, when measured at any individual property line, shall not exceed 60 decibels.
(5) 
All kennels shall be screened from all adjacent roads and property lines with fencing and/or plantings so as not to be visible from said roads or property lines.
I. 
Gasoline stations.
(1) 
The lot shall have a minimum frontage of more than 200 feet along a collector street or secondary highway.
(2) 
No gasoline station shall be located within 500 feet of any church, school, library, playground, museum, historic building or similar place of public assembly, drainage channel, surface waters or environmentally sensitive areas, such as wetlands or aquifer recharge areas, as are located in the Town's Comprehensive Plan.
(3) 
Entrance or exit driveways shall be located at least 20 feet from any side or rear property line. Such driveways shall be so laid out so as to avoid the necessity of any vehicle backing across any right-of-way.
(4) 
Curbs shall be constructed so as to channelize all traffic to permitted curb cuts; there shall be no more than two curb cuts on any street frontage.
(5) 
All pumps and lubricating and other devices shall be located at least 50 feet from any property line.
(6) 
All gasoline, oil or other volatile flammable liquids shall be stored in accordance with the provisions of the applicable Town ordinances and of New York State Environmental Conservation Law Part 614 regulations.
(7) 
All motor vehicle parts, dismantled vehicles and similar articles shall be stored within the principal building.
(8) 
Storage areas for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway; not more than five motor vehicles shall be stored outdoors at any time between 12:00 midnight and 6:00 a.m.
(9) 
Sufficient parking spaces shall be provided for all vehicles stored or being serviced at any one period of time, plus a minimum of five additional spaces.
J. 
General repair shop.
(1) 
Off-street parking: one space for every vehicle used in the conduct of such business, plus two spaces for each person regularly employed on premises.
(2) 
Minimum setback from all property lines: 50 feet.
(3) 
Any outdoor storage of materials or repair items shall be screened, with planting or fencing, from adjacent properties and streets.
(4) 
No discharge shall be permitted at any point into any private sewage disposal system or street or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
(5) 
Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
K. 
Guest cottage.
(1) 
The maximum gross floor area devoted to the guest cottage shall be 2,500 square feet. A guest cottage shall be deemed an accessory building to the primary residence, which shall be the primary use of the premises.
[Amended 6-27-1996 by L.L. No. 1-1996; 2-8-2016 by L.L. No. 1-2016]
(2) 
Not more than one guest cottage shall be authorized on a residential premises.
(3) 
The guest cottage shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department, which facilities may be shared with the principal dwelling unit on the premises.
(4) 
The guest cottage shall be in compliance with all provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances and regulations shall be complied with, and both a building permit and a certificate of occupancy shall be obtained before occupancy.
(5) 
The guest cottage shall satisfy all setback requirements set forth in § 164-9 of this chapter for a principal structure and shall be located on a lot which meets twice the minimum lot area requirements for the zoning district as set forth in said chapter. The lot may not be a legally nonconforming existing lot of record of less than the minimum prescribed lot area for guest cottages as provided for herein.
[Amended 6-27-1996 by L.L. No. 1-1996]
(6) 
A guest cottage shall be permitted to have kitchen facilities necessary for the occupants or guests residing in the guest cottage.
[Added 6-27-1996 by L.L. No. 1-1996]
(7) 
There shall be no exchange of money or rental of a guest cottage.
[Added 6-27-1996 by L.L. No. 1-1996]
L. 
Housing for farm employees.
(1) 
The housing shall be provided exclusively for employees and families of employees who gain their principal income from employment on the farm parcel by the host farm.
(2) 
The housing shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department.
(3) 
The housing shall be in compliance with all applicable provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances and regulations shall be complied with, and both a building permit and a certificate of occupancy shall be obtained before occupancy.
(4) 
The host farm parcel shall be not less than 50 acres.
(5) 
The housing shall be located on the farm parcel no closer to the front property line, or any street line, than the principal farm dwelling and shall meet all other setback requirements set forth in § 164-9 of this chapter.
M. 
Light industry (excluding mining).
(1) 
Light industry shall only include the following uses:
(a) 
Food or beverage production.
(b) 
Miscellaneous manufacturing, large.
(c) 
Pharmaceuticals/cosmetics production.
(d) 
Research institute or laboratory.
(e) 
Warehouse.
(2) 
In addition to the general standards of § 164-21, the following special conditions shall apply, and the Planning Board shall ensure, in its review of such uses, that the following performance standards are met or that sufficient mitigation measures are set forth by the project applicant, so that the health, safety and welfare of the community are adequately protected:
[Amended 11-9-1995 by L.L. No. 2-1995]
(a) 
No dust, dirt, fly ash or smoke shall be emitted from the use.
(b) 
No offensive odors shall be emitted into the air.
(c) 
No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot.
(d) 
No offensive wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake or wetland; no offensive wastes shall be discharged or dumped into any lands unless legally authorized. No accumulation of solid wastes, as that term is defined in the Environmental Conservation Law, shall be permitted.
(e) 
No material which is potentially dangerous due to the risk of explosion, fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled.
(f) 
With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise which is objectionable due to volume, intermittence, beat, frequency or shrillness shall be transmitted outside the lot where it originates.
(g) 
With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.
(h) 
No glare from lighting shall be transmitted towards any highway or driveway or be transmitted into or within any residence district. The applicant shall submit a lighting plan as required in the site plan application, Section § 164-32A(18).
(i) 
The location, type, character and size of the use and of any buildings, structures or facilities in connection therewith will be harmonious with the character of the neighborhood, will not detract from the appearance and beauty of the neighborhood, will not hinder or discourage the appropriate development and use of adjacent property or impair the value thereof and will conform to the appropriate and orderly development of the Town and the neighborhood.
(j) 
The nature and location of the use and of any building or structure in connection therewith will be such that there will be adequate access to it for fire and police protection purposes.
(k) 
The streets serving the proposed use shall be adequate to carry anticipated traffic, and provision shall be made for entering and leaving the property in such manner that no hazard to traffic or traffic congestion is created. Adequate off-street parking and loading facilities shall be provided.
(l) 
The lot on which the use is to be established shall be of sufficient size and dimension to permit the conduct of the use in a manner which is not detrimental to the neighborhood.
(m) 
The building, structures and site layout will be suitably landscaped and maintained and will have adequate land area, yard and setbacks so as to maintain the character of the neighborhood.
(n) 
The use will not interfere or limit in any way the function of any adjacent or nearby agricultural use.
(o) 
The minimum site area shall be 10 acres.
(p) 
No building shall be located within 200 feet of the center line of a street.
(q) 
A landscaped buffer 200 feet in depth shall be maintained in the front yard and all side and rear yards.
N. 
Livestock feed and sales lots.
(1) 
Minimum lot area: five acres.
(2) 
Minimum setback from any property line: 250 feet.
(3) 
Off-street parking for livestock sales lots: one space for each vehicle used directly in the conduct of such business, plus one space for every two persons employed on premises, plus additional spaces as may be required by the Planning Board to accommodate anticipated customers.
O. 
Miscellaneous manufacturing.
(1) 
Requirements shall be as follows:
(a) 
Minimum lot area: five acres.
(b) 
Minimum setback from all property lines: 100 feet.
(c) 
Off-street parking: two spaces, plus parking and storage space for all vehicles used directly in the conduct of the business, plus one space for each employee.
(2) 
No discharge shall be permitted at any point, into any private sewage disposal system or street or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
P. 
Motor vehicle repair shop.
(1) 
Minimum lot area: one and one-half (1 1/2) acres.
(2) 
Off-street parking: one space for every vehicle used in the conduct of such business, plus two spaces for each person regularly employed on premises.
(3) 
Any outdoor storage of materials or repair items, such as but not limited to automobiles, shall be screened with planting or fencing from all adjacent properties and streets.
(4) 
No discharge shall be permitted at any point into any private sewage disposal system or street or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
(5) 
Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
Q. 
Multifamily dwellings.
(1) 
Number of units permitted. The total number of dwelling units permitted on any multifamily dwelling premises shall be determined in accordance with the following table:
Lot Area
(acres)
Total Units Allowed
Building Setback from all Property Lines
(feet)
5 to less than 8
3 to 5
100
8 to less than 12
6 to 10
150
12 to less than 15
11 to 15
225
15 or more
16 to 20
300
(2) 
Specific development standards.
(a) 
The specific development standards for multiple dwellings shall be as follows:
[1] 
Minimum lot area: five acres.
[2] 
New York State Health Department Regulations and New York State Department of Environmental Conservation standards must be met to the satisfaction of the Town of Stanford's consulting engineer relative to water quality and supply and sewage disposal. Fees for the services of the consulting engineer shall be paid by the applicant according to the criteria of § 164-24 of this Article.
[3] 
Minimum size of dwelling unit: 600 square feet.
[4] 
Off-street parking: 2.5 spaces for each dwelling unit.
(b) 
All multiple dwellings must conform to appropriate standards of the New York State Uniform Fire Prevention and Building Code.
(c) 
All parking and service areas shall be screened with plantings or fencing from adjacent properties and streets.
(d) 
Sight distance at all entrances and exits must be unobstructed for a distance of 300 feet, or such greater distance as may be required by the agency of jurisdiction.
(e) 
All units must have access to a public or private street, except residences which need not front on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a permanent resident nonprofit homes association or similar corporation.
(3) 
Conversion of existing single-family residential buildings. It is the intent of the Town of Stanford to allow for the conversion of existing single-family residential units in all zones into multifamily units as a special permit use when and if the following standards are met:
(a) 
The general standards stated in § 164-21 of this Article and the above-stated specific standards applicable to multifamily dwellings are strictly met.
(b) 
In addition, all new entrances shall be located and designed to not be apparent from the front of the house or as otherwise viewed from the adjacent public right-of-way.
R. 
Outdoor retail.
(1) 
Off-street parking: parking or storage space for all vehicles used directly in the business shall be required, plus one space for every two persons employed on the premises in maximum seasonal employment and such additional parking space as may be required by the Town of Stanford Planning Board based on the nature of the business and other related factors.
S. 
Pig and fur farms.
(1) 
Minimum lot area: 10 acres for the first five animals. One additional acre will be required for each additional five animals or fraction thereof.
(2) 
Minimum setback for pens from all lot lines: 250 feet for the first 30 pigs. The setback shall be increased to 500 feet for farms with more than 30 animals.
(3) 
No offensive odors shall be emitted into the air so as to endanger the public health and safety or to impair safety on or the value or reasonable use of any other adjacent lot.
T. 
Radio or television tower or antennas greater than 35 feet in height.
(1) 
The tower or antenna shall be less than 75 feet in height and shall be not less than 100 feet from any property line.
(2) 
The tower or antenna shall be screened from surrounding properties, adjacent property lines or public rights-of-way by intervening vegetation or landform to the extent practicable and without adversely affecting the operation of the tower or antenna.
U. 
Resort and recreation areas, including golf courses.
(1) 
Off-street parking shall be as follows: one space per every two persons regularly employed, plus one space for every five customers computed on the basis of maximum servicing capacity.
(2) 
Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding properties and streets.
(3) 
Sight distance at the entrance and exit must be unobstructed for a distance of not less than 300 feet in each direction.
(4) 
Service areas and parking lots shall be screened with plantings or fencing from the view of all surrounding properties and streets.
(5) 
Public address or any other amplified sounds are prohibited.
(6) 
The property owner shall ensure that adequate fire protection is on the premises at all times, as recommended by the Stanford Fire Department.
V. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection V, regarding telecommunications towers, added 11-9-1995 by L.L. No. 2-1995, was superseded 8-17-2000 by L.L. No. 3-2000. See now Ch. 160, Wireless Telecommunications Facilities.
W. 
Public utility structures.
[Added 11-9-1995 by L.L. No. 2-1995]
(1) 
The provisions of this subsection shall not apply to telephone, cable television, electric light and power distribution lines and cables and related equipment suspended from wooden poles or to local underground distribution conduits, cables, gas, sewer and watermains or pipes, usually located along public highways or within existing rights-of-way.
(2) 
Public utility transmission lines carrying more than 35,000 volts, and gas mains shall have their proposed routes reviewed by the Planning Board and approved by the Town Board prior to acquisition of rights-of-way.
(3) 
In addition to the general standards of § 164-21, the following special conditions shall apply, and the Planning Board shall ensure, in its review of such uses, that the following performance standards are met, or that sufficient mitigation measures are set forth by the project applicant, so that the health, safety and welfare of the community are adequately protected:
(a) 
The applicant shall demonstrate that it is a duly constituted public utility.
(b) 
The applicant shall demonstrate that the property site is necessary to enable the applicant to render safe and adequate service and that no alternative sites are available which could be used with less disruption of the Town Master Plan and Zoning Ordinance.
(c) 
No dust, dirt, fly ash or smoke shall be emitted from the use.
(d) 
No offensive odors shall be emitted into the air.
(e) 
No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot.
(f) 
No offensive wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake or wetland; no offensive wastes shall be discharged or dumped into any land unless legally authorized. No accumulation of solid wastes, as that term is defined in the Environmental Conservation Law, shall be permitted.
(g) 
No material which is potentially dangerous due to the risk of explosion, fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled.
(h) 
With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise which is objectionable due to volume, intermittence, beat, frequency or shrillness shall be transmitted outside the lot where it originates.
(i) 
With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.
(j) 
No glare from lighting shall be transmitted towards any highway or driveway or be transmitted into or within any residence district. The applicant shall submit a lighting plan as required in the site plan application, § 164-32A(18).
(k) 
The location, type, character and size of the use and of any buildings, structures or facilities in connection therewith will be harmonious with the character of the neighborhood, will not detract from the appearance and beauty of the neighborhood, will not hinder or discourage the appropriate and orderly development of the Town and the neighborhood.
(l) 
The nature and location of the use and of any building or structure in connection therewith will be such that there will be adequate access to it for fire and police protection purposes.
(m) 
The streets serving the proposed use shall be adequate to carry anticipated traffic, and provision shall be made for entering and leaving the property in such manner that no hazard to traffic or traffic congestion is created. Adequate off-street parking and loading facilities shall be provided.
(n) 
The lot on which the use is to be established shall be of sufficient size and dimension to permit the conduct of the use in a manner which is not detrimental to the neighborhood.
(o) 
The building, structures and site layout will be suitably landscaped, including screening from public roadways and neighboring residential properties, will be adequately maintained and will have adequate land area, yard and setbacks so as to maintain the character of the neighborhood. The applicant shall submit a landscaping plan as required in the site plan application, § 164-32A(20).
(p) 
Minimum parcel size shall be in accordance with the bulk regulations for the district.
[Amended 1-9-2003 by L.L. No. 1-2003]
(q) 
Public utility substations and similar utility structures shall be surrounded by a fence set back from the property lines in conformance with the district bulk regulations.
(r) 
Public utility structures shall not contain offices or have any outdoor equipment, machinery or storage of materials.
(s) 
The public utility enclosure structure shall, wherever practicable, have the interior appearance of a principal or customary accessory building on residential premises.
(t) 
The use will not interfere or limit in any way the function of any adjacent or nearby agricultural use.
X. 
Self-storage facility.
[Added 4-14-2005 by L.L. No. 2-2005]
(1) 
A self-storage facility shall be used for the storage and retrieval of property only.
(2) 
Such facility is specifically prohibited to be used for any purpose that does not conform to those uses and conditions approved by the Planning Board at the time that site plan approval and a special use permit is granted (or duly authorized by formal amendment thereafter), or any use that may be determined to impact negatively on the facility or the surrounding area.
(3) 
Hours of operation of the facility shall be no earlier than 7:00 a.m. and no later than 11:00 p.m., unless otherwise specifically authorized by the Planning Board.
(4) 
A self-storage facility is specifically prohibited to be used at any time for:
(a) 
Auctions, flea markets or garage sales;
(b) 
Hobby shops;
(c) 
Service and repair of motor vehicles, boats, and similar vehicles and equipment;
(d) 
Outside storage of unlicensed vehicles;
(e) 
Operation of power tools;
(f) 
Operation of spray painting equipment;
(g) 
Storage of hazardous materials, solid waste, fuels, explosives, or other potential causes of pollution;
(h) 
Any noxious or objectionable use which negatively impacts the facility or the surrounding area; and
(i) 
Any occupancy for residential purposes, including people or animals.
(5) 
Foreclosure auctions may be held by or on behalf of the owner of the self-storage facility no more than two times per year.
(6) 
Outside storage is only permitted for licensed vehicles, which shall be stored in the rear yard area of the lot and where specifically designated on the approved site plan.
(7) 
The lot shall have a minimum area of three acres and maximum building coverage shall not exceed 40%.
(8) 
No structure height shall exceed one story or a maximum of 25 feet.
(9) 
Access shall be from a state or county road.
(10) 
All parking areas and driving aisles shall be paved with an all-weather, dust-free pavement material.
(11) 
Off-street parking shall be provided at a minimum of one parking space per 3000 square feet of building floor area, with the parking space locations clearly identified on the site plan.
(12) 
Dense landscaping and/or a suitable berm and/or fencing that is acceptable to the Planning Board shall be installed such that the self-storage facility shall not be visible from the street or from adjacent properties.
(13) 
Site and security lighting shall utilize low-intensity, full cut-off, shielded fixtures with the intensity of light spillover to not exceed 0.5 footcandle illumination at the property line.
(14) 
Signage shall conform with Article V, Supplementary Regulations, § 164-17, Signs, which sign shall be installed at the entrance of the self-storage facility and shall include thereon the manager's name and telephone number for emergency contact purposes.
(15) 
The Planning Board may impose such other conditions and/or restrictions as it shall deem necessary to provide for the orderly development of the site and to provide for the necessary compatibility with the surrounding area
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
A. 
Application and fee. All applications made to the Planning Board shall be in writing, on forms and in accordance with the schedule prescribed by the Board and, in order to be considered complete, shall be accompanied by the following:
(1) 
A preliminary site plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
(2) 
Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
(3) 
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
(4) 
Either a short or full Environmental Assessment Form as required by SEQRA, Article 8 of the Environmental Conservation Law and Title 6, Part 617, NYCRR.
(5) 
Any other information deemed necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this chapter for special permit uses.
B. 
Public notice and hearing. The Planning Board shall, within 45 calendar days of the receipt of the complete application, conduct a public hearing on any such special permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant and at which hearing he shall appear in person or by agent. The Board shall additionally provide notice as follows:
(1) 
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
(2) 
By requiring the Secretary of the Planning Board to provide notice of the public hearing and data regarding the substance of the application to the owners of all property abutting that held by the applicant and all owners within 200 feet of the land involved in such application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary.
(a) 
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
(b) 
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special permit application.
(3) 
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Planning Board shall also mail, at least five calendar days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.
C. 
Consultant review. In its review, the Planning Board may consult with the Town Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of state agencies, including but not limited to the State Department of Transportation, the State Health Department and the Department of Environmental Conservation.
D. 
Required referral. A full statement of any special use permit application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Department of Planning or until 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning recommends disapproval of the proposal or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning.
E. 
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 90 calendar days of the receipt of the completed application to the Board or within 45 calendar days of the public hearing, whichever shall first occur, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five calendar days thereof.
Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
A. 
In addition to compliance with all other applicable provisions of this chapter and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this Article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Building Inspector.
B. 
No certificate of occupancy shall be issued for any structure or use of land covered by this Article until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special permit approval and other applicable requirements of this chapter.
C. 
Any use for which a special permit may be granted shall be deemed a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit has been granted.
D. 
The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to revocation of the special use permit.
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if the special use permit activity is not commenced and diligently pursued within six calendar months of the date of issuance of the special use permit. Upon prior written request to the Planning Board, the time period for initiation of the special permit use may be extended for a maximum period of one calendar year from its otherwise specified termination date.
In all instances, including those cited in § 164-26 above, a special use permit may be revoked by the Planning Board, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said permit.
Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this Article, with the site plan review and approval process. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this Article or in Article VII, as related to site plan review and approval.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Laws and Regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the office of the Town Clerk.